Baker v. Bain

On Rehearing.

THOMAS, Justice.

The petition for probate and the attempt to contest were in the Probate Court under Sections 10625-10636 and not under Section 10637, Code. In each of these sections the right of contest is given to “any person interested,” etc.

In the recent decision of Leedy v. Taylor, Clerk of House of Representatives, et al., 231 Ala. 317, 164 So. 820, 822, these statutes were considered. The court said in that case: “In our case of Allen v. Pugh, 206 Ala. 10, [11], 89 So. 470, this court was dealing with a right to contest a will in equity, bestowed upon ‘any person interested…